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Poster: LeGrande Date: Sep 8, 2008 2:35am
Forum: oldtimeradio Subject: Re: The Shadow

I had this problem 5 years back when I was the owner and operator of shadowradio.org ... I got an email from someone claiming to represent Conde Nast, and was told to cease and desist putting up episodes of The Shadow. I let the website go dark and did not renew the domain name. shadowradio.org is now a portal for pornography, which disturbs me and leads me to believe that the email I received was not legitimate.

It is a shame, too, as I had plans to try to recreate the episodes of The Shadow that are not extant. However, Conde Nast has been known to hold to their intellectual property dearly, demanding exorbitant fees ($1 million or more) merely for the right to create a product that would then have to pass Conde Nast's approval and licensing process before any return on investment could be realized. They did not register their scripts until 1985. A loophole in the copyright law allowed this to happen, so The Shadow's copyright will not expire until December 31, 2047. (http://www.unc.edu/~unclng/public-d.htm)

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Poster: tim_d_42 Date: Sep 8, 2008 7:13am
Forum: oldtimeradio Subject: Re: The Shadow

If anyone wants shadow episodes you can go to the site listed below.

http://otr-reviews.com/download-all-episodes/

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Poster: alexvon Date: Jul 1, 2009 4:35pm
Forum: oldtimeradio Subject: Re: The Shadow

I am not sure that conde nast is correct on applying their "copyright" claims to the old time radio shows. What they are trying to claim is that the radio shows are derivative works of the scripts they have so-called copyright on. I dont know what kind of copyright loophole they could have when some of these shows were done in the 30's and they apply for copyright 60 years later?

Conde Nast is being just plain ridiculous and stupid threatening people with lawsuits etc over this. They pretty much don't want anyone to hear these old time radio shows as they don't even distribute them. Kind of narrow minded if they are wanting to make a new movie based on the character.

I would encourage everyone, everywhere to boycott all Conde Nast products (most are magazines). These include
* Vogue
* W
* style.com
* Glamour
* Allure
* Self
* Teen Vogue
* GQ
* Details
* men.style.com
* Architectural Digest
* Brides
* Modern Bride
* Elegant Bride
* Brides.com
* Lucky
* Cookie
* Golf Digest
* Golf World
* Vanity Fair
* Gourmet
* Bon Appétit
* epicurious.com
* Condé Nast Traveler
* concierge.com
* Wired
* Wired.com
* The New Yorker

Spread the word that until they allow these recordings to be in the public domain where they should be you will not be purchasing any of these products nor will you patronize anything Shadow related now or in the future. Please complain to your local library and have them remove any of these magazines if they are there for viewing as well as any establishment you frequent where magazines may be such as doctors or dentist office and complain to have them removed from there also.

Send a copy of this everywhere as Conde Nast should not be allowed to continue this behaviour. You should also complain to their law firm who specializes in harassing anyone who sells or allows downloads of the Shadow radio shows Sabin, Bermant & Gould LLP who are in New York.

Only through our grass roots efforts will we be able to change the mentality of these big corporations who are trying to control public domain materials forever for their own gain.

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Poster: nosesilo Date: Jun 7, 2011 9:30pm
Forum: oldtimeradio Subject: Re: The Shadow

I just had problems with Conde Nast through their reps in Sabin, etc, I've been selling old radio shows on Ebay for about 1 year and the listing of my Shadow collection was pulled because of a lawyer for this law firm. They claim Conde Nast owns anything to do with The Shadow and their claim is based on their acquisition of the old Streeter and Smith company and the radio scripts that came with it. The .pdf files of the registrations on file in the U.S. copyright office are dated 1989. They of course threatened me with a possible lawsuit and up to 150,000 dollars in reparations which is laughable as the money I've made after one year of selling my collection of 216 shows wouldn't pay for one hour of a lawyer. Still, I'd like to sock it to Conde Nast. Any ideas?

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Poster: alexvon Date: Jul 2, 2009 3:27pm
Forum: oldtimeradio Subject: Re: The Shadow

Also if anyone has any further information on what this so-called loophole was and how Conde Nast was able to apply and receive a copyright on these materials would be greatly appreciated. I don't know what the copyright laws were exactly in 1985 but I was under the assumption that after 28 years whatever it was fell into the public domain if it was not renewed. If these materials had already fell into the public domain then they should not have been allowed to be re-copyrighted and the copyright office erred in allowing it. I am just wondering if there any copyright attorney's who could look into this.

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Poster: Kevin VandeWettering Date: Mar 17, 2009 7:11am
Forum: oldtimeradio Subject: Re: The Shadow

I remember when you were having your difficulties with Shadowradio, but that would be because of trademark, not copyright.

"Sound recordings fixed before February 15, 1972, are not eligible for Federal copyright protection." according to the US copyright law.

There are some claims that state law provides protection for these works, but the only reference I ever found in state law was California's anti-plagiarism law, which isn't quite applicable.

There is a lot of confusion and very little testing in the courts of any of this. One theory claims that common law would grant state protection. I haven't seen the test.

Underlying plots, music in films and a bunch of other things are areas that haven't been decided in copyright law. The simplest answer is that if recordings of this vintage were not published with proper notice, they are public domain.

The test is court, and we haven't seen too many people want to go there. That's probably because in the absense of federal penalties for copyright infringement... the courts would determine actual damages.... In the case of radio shows, that's just about zero.